Retaliatory Employment Discrimination Act (REDA)
The Retaliatory Employment Discrimination Act (REDA) places the enforcement of all worker protection provisions under the North Carolina Department of Labor’s Employment Discrimination Bureau.
The Deuterman Law Group assists employees in filing complaints when they’ve suffered damages and injury due to retaliation or discrimination due to their activities which are protected under the following Acts or circumstances:
- Workers’ Compensation Act
- Wage and Hour Act
- Occupational Safety and Health Act
- Mine Safety and Health Act
- Those with sickle cell or hemoglobin C
- Participants in the National Guard
- Those who work for the Juvenile Justice Act
- Those who comply with genetic testing requests
- Victims of domestic violence, and
- Those who report activities of their employers under the Paraphernalia Control Act.
A complaint needs to be filed with the Commissioner of Labor within 180-days of the violation and that a civil lawsuit cannot be filed until the claimant receives a right-to-sue letter from the Commissioner of Labor, and that attorneys at Deuterman Law Group can assist in obtaining that letter and filing the lawsuit.
The North Carolina Department of Labor’s Employment Discrimination Bureau will conduct an investigation of the complaint to determine whether there’s been a REDA violation. A retaliatory, or discriminatory, action is defined in North Carolina as any adverse employment action that impacts an employee’s terms, conditions, privileges, or benefits of employment. This could be employee discharge, suspension, demotion, a reduction in wages, or a retaliatory relocation.
Employees may be injured in their work from their involvement or by registering a complaint about a protected activity. These include:
- A work-related injury
- Wages, salary, and work hours
- Workplace safety or health
- Mine safety or health
- Sickle cell or hemoglobin C
- National Guard
- Genetic testing
- The juvenile justice system
- A domestic violence restraining order
- Pesticide exposure, and
- Reporting activities under the Paraphernalia Control Act.
The person filing the complaint is called the “complainant,” and that person can be:
- Any employee
- Any person who causes a covered activity to be initiated on an employee’s behalf, or
- Any person who exercises any right on behalf of an employee under the protections of the Occupational Safety and Health Act, the Wage and Hour Act, or the Mine Safety and Health Act.
The “respondent” is the individual or organization about whom the complaint is filed. This could be a person or persons, a partnership, an association, a corporation, the state of North Carolina, a city or town, a local agency, or another government office.
Our attorneys will help you with any or all of the following potential remedies in a REDA claim:
- Injunctive relief to stop the continuing violation of REDA
- Reinstatement to the same position you had prior to the retaliatory action or discrimination (or an equivalent position)
- Reinstatement of all of your employee benefits and seniority, and
- Compensation for your lost wages, lost benefits, and/or other economic losses that were caused by the retaliatory action or discrimination.
- Attorney fees and costs may be awarded
Please note that when the court finds that a willful violation of REDA has taken place, triple damages may be awarded for your injuries caused by the retaliatory action or unlawful discrimination.
If you have been terminated in violation of REDA you may also have a wrongful discharge claim against the employer.
Contact the Deuterman Law Group to discuss your injury, and to determine the best strategy for moving forward with a REDA claim that gets you compensation you deserve.